Ex Moving


#1

I would suggest filing for a modification of custody, asking the court to keep her from removing the child/children out of the state and complaint for the ex to assist in travel expenses that you already pay.


#2

You can file a motion to modify custody and ask the court to either modify the custodial schedule, require your former spouse to pay a portion of travel expenses, or order that your child remain in the state.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Can I get the Motion to Modify Custody on the court website, or will it be necessary to go down to the court?

Thanks


#4

I found www.nccourts.org where most of the forms for NC are found. Just click on ‘forms’ and if you don’t already know the number, type in “custody” or “support” and every form they have regarding each will come up. Most you can download right there.

Good luck!


#5

There is no form for a motion to modify custody, however if you live in Wake County there is a self service center available at the courthouse that may be able to assist you with this issue.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Thanks, do you know where in the courthouse I should go for help on that?


#7

In Wake County the self serve center is on the 11th floor.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

I dropped my daughter off at my ex’s house yesterday following our every other weekend visitation. She informed me that she is going for a job in Georgia now. If she takes this job in Georgia, it will literally double the time I spend on the road every other weekend for visitation. Currently, I drive 600 miles every other weekend just for visitation. I ran a mapquest direction calculation on where her perspective job will be and it literally doubled the distance between my daugher and my house. I currently get no compensation for gasoline as it is, this would literally bankrupt me in gas, not to mention the wear and tear on my car as well as the possible problems it will present to my daughter. She is doing very well in school right now and I fear that tearing her away from where she is (she is 9) will cause her academic problems. The reason I say this is past history. When my ex decided to leave, she took my son, who was 9 at the time, out of a school where he was on the honor roll and pulled him 150 miles away. He has had academic problems ever since and never recovered. What form do I need to file to keep my ex from moving my daughter out of state. I simply must put a stop to this.